Tag Archives: Fair Work Act 2009

Fair Work Ombudsman continues to crack down on underpayments in franchise networks

The Fair Work Ombudsman (FWO) has released a report1 following a national compliance audit of 25 Caltex retail stores.

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Dismissal of pregnant employee with morning sickness unlawful

The Federal Circuit Court has found that an employer took unlawful adverse action against a pregnant employee when it dismissed her for taking time off work due to morning sickness and to attend medical appointments1.

The background to the dismissal was that:

  • In March 2016, the employee attended a three-month review meeting halfway through her six month probation period. The company told the employee that she appeared to be “going alright” and did not raise any performance concerns. The employee told the company that she was pregnant and that she intended to commence maternity leave on 1 September 2016.
  • Over the next three months, the employee took a total of seven days sick leave due to morning sickness, plus four days’ annual leave to attend medical appointments related to her pregnancy.
  • On 3 June 2016, the last working day before her probation period expired, a director of the company dismissed the employee telling her that: “due to your current circumstances, your employment has become unreliable and we have decided not to continue with your employment”.
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Employers and franchisors take note – are you compliant?

The exploitation of vulnerable workers dominated headlines for much of 2016. As a result of the widespread issues identified, the Turnbull Government promised to strengthen laws to protect those most vulnerable to workplace exploitation.

In fulfilling this promise, the Government has introduced the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Cth) (Bill). The Bill proposes a raft of changes to the Fair Work Act 2009 (Cth) (Act) to among other things, increase penalties for certain breaches of the Act, strengthen the powers of the Fair Work Ombudsman (FWO) and to hold franchisors accountable for the actions of their franchisees.

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ILN Today Post

Government moves to amend the Fair Work Act 2009 (Cth)

The federal government has introduced the Fair Work Amendment Bill 2014 (Cth) (Bill) into Parliament to start implementing the limited changes to the Fair Work Act 2009 (Cth) (Act) foreshadowed during the recent election campaign.  In this article, we provide an overview of the changes that have been proposed in the Bill. More…

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ILN Today Post

When is it safe to dismiss employees?

A string of recent unfair dismissal cases have seen employees reinstated to their former positions following dismissal for breaches of safety regulations and practices.  They have created a considerable grey area for practitioners and employers navigating the minefield of competing obligations under occupational health and safety (OHS) laws and the unfair dismissal provisions of the Fair Work Act 2009.  read more

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